Sex trafficking—Modern Slavery Act 2015
Produced in partnership with Ben Cooper of Doughty Street Chambers
Last updated on 20/11/2019

The following Corporate Crime practice note produced in partnership with Ben Cooper of Doughty Street Chambers provides comprehensive and up to date legal information covering:

  • Sex trafficking—Modern Slavery Act 2015
  • Defining ‘trafficking’
  • Defining ‘sexual exploitation’
  • Elements of the offence
  • Sentencing for human trafficking
  • Slavery and Trafficking Reparation Orders
  • Slavery and Trafficking Prevention Orders
  • Slavery and Trafficking Risk Orders

Sex trafficking—Modern Slavery Act 2015

The Modern Slavery Act 2015 (MSA 2015) provides for an offence of human trafficking for sexual exploitation.

The MSA 2015 consolidates the previous statutory provisions of sexual exploitation under Sexual Offences Act 2003, s 59A (SOA 2003) and human trafficking for the purposes of labour or other exploitation under the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (AI(TCE)A 2004). These offences are repealed by MSA 2015, Sch 5.

Defining ‘trafficking’

Human trafficking is defined as:

  1. a person arranging or facilitating the travel of another person ('V') with a view to V being exploited it is irrelevant whether V consents to the travel or whether V is an adult or a child

  2. a person may arrange or facilitate V's travel by recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V.

  3. a person arranges or facilitates V's travel with a view exploiting V only if:

    1. that person intends to exploit V during or after the travel, or

    2. that they know or ought to know that another person is likely to exploit V during or after the travel

and ‘travel’ means arriving in, departing from or travelling within any country.

The Home Office has published updated statutory guidance for England and Wales and non-statutory guidance for Scotland and Northern Ireland on spotting and assisting victims of modern slavery or human trafficking.

Related documents:
Key definition:
Arranging definition
What does Arranging mean?

This is the regulated activity of making arrangements for another person to buy or sell a security or contractually based investment (article 25 of the Regulated Activities Order).

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